DUI is a serious criminal offense that is punished harshly in Virginia. If you were arrested for DUI, you may have strong defenses to the charges you face whether or not you are guilty.
One defense you do not want to overlook is challenging the results of your blood alcohol test. If you are successful, the charges against you could be dismissed.
Ways to Successfully Challenge Your Blood Alcohol Test Results
When you are arrested, you are required to submit to a breathalyzer or blood alcohol test under Virginia’s implied consent laws. You face serious consequences, such as automatic suspension of your driver’s license, if you refuse to allow the test to be administered.
While blood alcohol tests are more accurate than a field sobriety test or breathalyzer test given when you are pulled over, they are not always accurate. Here are effective ways you may be able to challenge your results:
- No second sample. The police should take a second sample that your experienced DUI attorney can have tested by another lab. If they fail to take this sample, it could be grounds to challenge the accuracy of their test result.
- Discrepancies in test results. If your lawyer has a second sample tested and the test results are different than those of the lab used by the police, this would be another way to argue that law enforcement’s results are not accurate.
- Testing procedures. The police must follow stringent requirements when taking your blood sample. Common errors that you could use in your defense include using a contaminated alcohol swab, not using the correct proportion of chemicals, not mixing the chemicals properly, or failing to properly label your sample.
- Transporting your blood sample. In addition, strict requirements must be followed when your blood sample is preserved, transported, and stored. If these rules are violated, you could argue that there is a break in the chain of custody that invalidates your test results.
- Training. The officer, phlebotomist, or other individual administering your blood test must be trained and certified in this process. If this requirement was not met, they may have made errors that affected your test results.
Contact a Virginia DUI Attorney Today
Were you charged with DUI in Norfolk or Virginia Beach? Our skilled DUI lawyers will determine what challenges you can raise to your blood alcohol test results and other effective defenses you can use to fight the charges you face. Fill out our convenient online form today to schedule your free initial consultation to learn more about how we can help you achieve the best possible outcome in your criminal case.
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